State of California California State Transportation Agency DEPARTMENT OF TRANSPORTATION

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

M e m o r a n d u m

To: CHAIR AND COMMISSIONERS CTC Meeting: January 20-21, 2016 CALIFORNIA TRANSPORTATION COMMISSION

Reference No: 2.4b. Action Item

From: NORMA ORTEGA Prepared by: Jennifer S. Lowden, Chief Chief Financial Officer Division of Right of Way

and Land Surveys

Subject: RESOLUTIONS OF NECESSITY

RECOMMENDATION:

The California Department of Transportation (Department) recommends the California Transportation Commission (Commission) adopt Resolutions of Necessity (Resolution) C-21401 through C-21422 summarized on the following pages.

ISSUE:

Prior to initiating Eminent Domain proceedings to acquire needed Right of Way for a programmed project, the Commission must first adopt a Resolution stipulating specific findings identified under Section 1245.230 of the Code of Civil Procedure.

Moreover, for each of the proposed Resolutions, the property owners are not contesting the following findings contained in Section 1245.230 of the Code of Civil Procedure:

1. The public interest and necessity require the proposed project.2. The proposed project is planned and located in a manner that will be most

compatible with the greatest public good and the least private injury.3. The property is necessary for the proposed project.4. An offer to purchase the property in compliance with Government Code Section

7267.2 has been made to the owner of record.

The only remaining issues with the property owners are related to compensation.

BACKGROUND:

Discussions have taken place with the owners, each of whom has been offered the full amount of the Department's appraisal, and where applicable, advised of any relocation assistance benefits to which the owners may subsequently be entitled. Adoption of the Resolutions will not interrupt our efforts to secure equitable settlement. In accordance with statutory requirements, each owner has been advised that the Department is requesting the Resolution at this time. Adoption will assist the Department in the continuation of the orderly sequence of events required to meet construction schedules.

Tab 40

CHAIR AND COMMISSIONERS Reference No.: 2.4b. CALIFORNIA TRANSPORTATION COMMISSION January 20-21, 2016

Page 2 of 5

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

C-21401 - RSA Investments, LLC, a California Limited Liability Company 06-Fre-99-PM 25.70 - Parcel 86954-1, 2, 3 - EA 2HT109. Right of Way Certification (RWC) Date: 12/01/15; Ready to List (RTL) Date: 01/10/16. Freeway - State Route (SR) 99 alignment for High Speed Rail. Authorizes condemnation of land in fee for a State highway, extinguishment of abutter's rights of access, a temporary easement for construction purposes, and an easement for irrigation purposes to be conveyed to Fresno Irrigation District. Located in the city of Fresno at 3515 West Dakota. Assessor Parcel Number (APN) 433-060-26. C-21402 - Lerdo, LLC, a California Limited Liability Company 06-Ker-43-PM 16.55 - Parcel 87268-1 - EA 0P2709. RWC Date: 03/07/16; RTL Date: 03/14/16. Conventional highway - American Disability Act (ADA) Curb Ramps. Authorizes condemnation of land in fee for a State highway. Located in the city of Shafter at 451 East Lerdo Highway. APN 028-200-38. C-21403 - Chevron U.S.A., Inc., a Pennsylvania corporation 06-Ker-46-PM 32.26 - Parcel 87136-1 - EA 442549. RWC Date: 12/08/16; RTL Date: 12/22/16. Conventional highway - Kern 46 - conversion of two-lane to four-lane conventional highway. Authorizes condemnation of a temporary easement for highway construction purposes. Located near the unincorporated area of Lost Hills at 21981 Highway 46. APN 069-360-01. C-21404 - Paramount Farming Company L.P., a California Limited Partnership 06-Ker-46-PM 57.54 - Parcel 87214-1, 2, 3, 4, 5, 6 - EA 0K4609. RWC Date: 04/23/16; RTL Date: 04/30/16. Freeway - Replace existing steel girder bridge with new pre-stressed slab bridge. Authorizes condemnation of land in fee for a State highway, extinguishment of abutter's rights of access, a temporary easement for highway construction, an easement for utility purposes to be conveyed to Pacific, Gas and Electric Company (PG&E), and underlying fee. Located near the city of McFarland at northwest of Highway 46 and Highway 99. APNs 073-040-30, -16. C-21405 - Roscoe Moss Manufacturing Company, a California Corporation 06-Ker-99-PM 44.23 - Parcel 87216-1, 2 - EA 0K4609. RWC Date: 04/23/16; RTL Date: 04/30/16. Freeway - Replace existing steel girder bridge with new pre-stressed slab bridge. Authorizes condemnation of land in fee for a State highway, extinguishment of abutter's rights of access, and a permanent easement for utility purposes to be conveyed to PG&E. Located near the city of McFarland at 31916 Famoso Road. APN 073-040-08. C-21406- Gurbachan Grewal and Parminder Grewal, husband and wife, as joint tenants 06-Ker-99-PM 44.23 - Parcel 87217-1, 2 - EA 0K4609. RWC Date: 04/23/16; RTL Date: 04/30/16. Freeway - Replace existing steel girder bridge with new pre-stressed slab bridge. Authorizes condemnation of land in fee for a State highway, and extinguishment of abutter's rights of access. Located near the city of McFarland at 31975 Highway 46. APN 073-090-02.

CHAIR AND COMMISSIONERS Reference No.: 2.4b. CALIFORNIA TRANSPORTATION COMMISSION January 20-21, 2016

Page 3 of 5

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

C-21407- Lilia Giacomazzi, Trustee of Bypass Trust, et al. 06-Tul-99-PM 40.88 - Parcel 86890-1, 2, 3 - EA 471509. RWC Date: 02/01/16; RTL Date: 03/01/16. Freeway - Reconstruct Betty Drive Interchange. Authorizes condemnation of land in fee for a State highway, extinguishment of abutter's rights of access, a temporary easement for highway construction purposes, and underlying fee. Located in the unincorporated area of Tulare at Avenue 308 and Road 64. APN 073-060-010. C-21408 - Farshad Tafti, a single man 06-Tul-99-PM 40.75 - Parcel 86893-1, 2, 3, 4 - EA 471509. RWC Date: 02/01/16; RTL Date: 03/01/16. Freeway - Reconstruct Betty Drive Interchange. Authorizes condemnation of land in fee for a State highway, and temporary construction easements for driveway configuration and ADA ramps. Located in the town of Goshen at 30821 Highway 99. APNs 075-330-0003, -004, -005, -036, -037. C-21409 - Antonida Storchillo 07-LA-138-PM 69.1 - Parcel 76489-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano at the southeast corner of SR 138 and 213th Street East. APN 3033-016-003. C-21410 - Juvenal Gallegos and Martha Gallegos 07-LA-138-PM 66.12 - Parcel 76641-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano on the north side of SR 138 and west of 190th Street East. APN 3083-004-022. C-21411 - Duong Pham and Mary Nguyen Krason Pham 07-LA-138-PM 66.12 - Parcel 76642-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano on the north side of SR 138 and west of 190th Street East. APN 3083-004-023. C-21412 - Elizabeth Frances Loucks, et al. 07-LA-138-PM 67.6 - Parcel 76651-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano on the north side of SR 138, east of 198th Street East and west of Largo Vista Road. APNs 3083-008-001, -002.

CHAIR AND COMMISSIONERS Reference No.: 2.4b. CALIFORNIA TRANSPORTATION COMMISSION January 20-21, 2016

Page 4 of 5

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

C-21413 - Gabriel Tejero and Josefina M. Tejero 07-LA-138-PM 67.6 - Parcel 76655-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano on the north side of SR 138, east of 198th Street East and west of Largo Vista Road. APN 3083-008-017 C-21414 - Michael Hong and Youn E. Huh 07-LA-138-PM 67.1 - Parcel 76659-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano at the northwest corner of SR 138 and 198th Street East. APN 3083-009-022. C-21415 - James C. Hurst and Laila A. Hurst 07-LA-138-PM 67.1 - Parcel 76662-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano on the south side of SR 138, east of 195th Street East and west of 198th Street East. APN 3083-010-003. C-21416 - Maria E. Godecka 07-LA-138-PM 67.6 - Parcel 76672-1; 76673-1; 76674-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano on the south side of SR 138, east of 198th Street East and west of Largo Vista Road. APNs 3083-010-022, -023, -024. C-21417 - Eastern Keystone Inc., a California Corporation 07-LA-138-PM 66.12 - Parcel 76684-1 - EA 286309. RWC Date: 01/06/17; RTL Date: 01/20/17. Conventional highway - widen conventional highway. Authorizes condemnation of land in fee for a State highway and underlying fee. Located in the town of Llano on the south side of SR 138, east of 185th Street East and west of 190th Street East. APN 3083-013-009. C-21418 - The Estate of Ripudaman S. Pujji 08-SBd-58-PM R1.88 - Parcel 23441-1, 01-01 - EA 347709. RWC Date: 09/12/16; RTL Date: 10/25/16. Expressway - construct four-lane divided expressway. Authorizes condemnation of land in fee for a State highway, extinguishment of abutter's rights of access, and land in fee which is a remnant and would be of little market value. Located in the unincorporated area of San Bernardino County known as Kramer Junction, three miles west of Route 395 and approximately three quarters of a mile north of SR 58. APN 0498-232-14.

CHAIR AND COMMISSIONERS Reference No.: 2.4b. CALIFORNIA TRANSPORTATION COMMISSION January 20-21, 2016

Page 5 of 5

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”

C-21419 - Ana Coo Cabal, Custodian for Andrew C. Cabal 08-SBd-58-PM R4.52 - Parcel 23474-1 - EA 347709. RWC Date: 09/12/16; RTL Date: 10/25/16. Expressway - construct four-lane divided expressway. Authorizes condemnation of land in fee for a State highway and the extinguishment of abutter's rights of access. Located in the unincorporated area of San Bernardino County known as Kramer Junction, approximately one mile west of SR 58 and Route 395. APN 0492-521-09. C-21420 - Diana Stallings Tilley, Trustee, et al. 10-Cal-4-PM 29.6 - Parcel 16668-1, 2, 3 - EA 0V300C. RWC Date: 05/01/16; RTL Date: 05/15/16. Conventional highway - Pedestrian Accessibility Improvements. Authorizes condemnation of land in fee for a State highway, extinguishment of abutter's rights of access, and a temporary easement for construction purposes. Located in the city of Murphys at 230 Big Trees Road. APN 068-018-002. C-21421- Cornerstone Propane Operating, LLC 10-Mer-59-PM 13.1 - Parcel 16653-1A, 1B - EA 0U5209. RWC Date: 12/01/16; RTL Date: 12/16/16. Conventional highway - Mission Avenue - install left turn channelization. Authorizes condemnation of land in fee for a State highway, and underlying fee. Located in the city of Merced at 25 West Dickenson Ferry Road. APN 222-010-013. C-21422 - Likwid Asset Management, LLC, a California Limited Liability Company 10-Mer-59-PM 13.2 - Parcel 16656-1A, 1B - EA 0U5209. RWC Date: 12/01/16; RTL Date: 12/16/16. Conventional highway - Mission Avenue - install left turn channelization. Authorizes condemnation of land in fee for a State highway, and underlying fee. Located in the unincorporated area of Merced at the west side of SR 59. APN 222-010-021.